Report of the Interception of Communications Commissioner - July 2016
6.24 Section 8(4) interception warrants. Section 8(4) warrants are for the interception
of external communications, namely those sent or received outside of the British Islands33
(see section 20 of RIPA for a definition of external communications). A section 8(4)
warrant does not have to name or describe a person as the interception subject or a
single set of premises as the target of the interception. Section 8(4) does not impose
an express limit on the number of external communications which may be intercepted.
For example, if the requirements of sections 8(4) and (5) are met, the interception of all
communications transmitted on a particular route or cable, or carried by a particular
CSP, could, in principle, be lawfully authorised. This reflects the fact that section 8(4)
interception is an intelligence gathering capability, whereas section 8(1) interception is
primarily an investigative tool that is used once a particular subject for interception has
been identified.
6.25
The circumstances in which a section 8(4) warrant may be issued are that:
•
•
the communications to be intercepted are limited to external communications
and their related communications data; and
in addition to the warrant, the secretary of state gives a certificate describing
certain of the intercepted material and certifying that the secretary of state
considers that the examination of this described material is necessary for one
or more of the statutory purposes (section 8(4)(b)) as mentioned in sections
5(3)(a), (b), or (c) of RIPA.
6.26 By virtue of section 8(5)(b) an interception warrant may also authorise other
conduct as described in section 5(6) of RIPA. Such conduct includes the interception
of communications not identified in the warrant the interception of which is necessary
in order to do what the warrant expressly authorises. Therefore in principle a section
8(4) warrant can include the interception of communications which are not external
communications to the extent this is necessary in order to intercept the external
communications to which the warrant relates. When conducting interception under a
section 8(4) warrant, an intercepting agency must use its knowledge of the way in which
international communications are routed, combined with regular surveys of relevant
communications links, to identify those individual communications bearers that are most
likely to contain external communications that will meet the descriptions of material
certified by the secretary of state under section 8(4). It must also conduct the interception
in ways that limit the collection of non-external communications to the minimum level
compatible with the objective of intercepting wanted external communications.
6.27 A application for a section 8(4) warrant should contain the details required by
Paragraph 6.10 of the Code of Practice. The required details include:
•
•
•
the background of the operation;
a description of the communications to be intercepted, details of the CSP(s)
and an assessment of the feasibility of the operation where this is relevant;
a description of the conduct to be authorised, which must be restricted to
33 The United Kingdom of Great Britain & Northern Ireland, the Channel Islands and the Isle of Man.
www.iocco-uk.info
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